08 14.08.2026 Court No.09. (NMD) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM (M) 224 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabhanga P.S. Case No. 69 of 2026 dated 05.02.2026 under Sections 4/17 of POCSO Act. - And - In the matter of: - Ajay Talukdar ..…Petitioner. Mr. Aniruddha Biswas, Mr. Monoj Saha, Mr. Satyajit Paul, Mr. Kank Mishra …for the petitioner. Ms. Panchali Deb Sikder (Nag), Sr., Govt. Adv., Mr. Uday Bhattacharjee, Mr. Debabrata Rai ….for the State 1. Learned Counsel for the petitioner has submitted that the petitioner is in custody for 189 days. He has been falsely implicated in this case. According to the prosecution, though the victim was subjected to anal intercourse by two accused, there was no injury on the private parts of the victim. Investigation is complete and there is no need for keeping the petitioner in the custody. 2. The learned Counsel for the State opposes the prayer for bail. She has drawn the attention of this Court to the Statement of the 2 witness, Kamalesh Adhikary, recorded under Section 161 of the Code of Criminal Procedure wherein he has stated that the accused used to spread this type of activities in the locality. 3. I have gone through the materials on record. It appears from the medical evidence that there was no visible injury mark present in the private parts of the victim. However as the investigation is complete and the accused is custody for about 189 days, I am inclined to allow the prayer of the petitioner for bail. a) The petitioner, namely Ajay Talukdar, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of learned Judge Special Court, (under POCSO Act), Mathabhanga. b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court. c) The petitioner shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever. d) The petitioner shall remain within the geographical limits of the district Cooch Behar, but shall not enter the jurisdiction of Mathabhanga Police Station, except for the purpose of attending the court proceedings. The petitioner shall intimate his present local address where he shall be residing while on bail to the 3 learned trial Court and also to the Investigating Officer. The petitioner shall meet the Officer-in-Charge/Inspector-in-Charge of the local jurisdictional police station where he shall be residing now once in a fortnight, until further orders. 4. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law. 5. The application for bail is, thus, allowed. 6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Apurba Sinha Ray, J.)